Tag Archives: Family and Medical Leave Act

Seventh Circuit Puts the Brakes on Never-ending Leave Under the ADA

ADA
Employers everywhere have been repeatedly warned not to automatically terminate employees who have exhausted their Family and Medical Leave Act (FMLA) leave. Instead, employers should first consider whether the employee might be entitled to some additional leave time as a reasonable accommodation under the Americans with Disabilities Act (ADA).  But the key question for employers … Continue reading this entry

Seven Policy Provisions To Curb FMLA Abuse

Most employers are aware of, and comply with, the requirement to include information about employees’ rights and obligations under the Family and Medical Leave Act (FMLA) in employee handbooks or other written policy documents. However, employers often fail to take advantage of the opportunity to use written FMLA policies as a way to combat FMLA … Continue reading this entry

Tips for Avoiding “Convincing Mosaic” of Discrimination

Discrimination
After retaining an employee through two year-long tours of duty in the Middle East and countless military drills amounting to 900 total days of absence, allowing the employee to modify her schedule to account for her military leave, and providing several accommodations when the employee returned from war diagnosed with post-traumatic stress disorder, you might … Continue reading this entry

Avoiding FMLA Interference Claims: Walking a Fine Line Between Permissible and Impermissible Comments

When it comes to Family and Medical Leave Act (FMLA) leave, not all comments are treated equally. Some comments may discourage an employee from using FMLA leave, thereby interfering with the employee’s FMLA rights and creating employer liability. In contrast, other comments from supervisors may be viewed as completely permissible requests and do not violate … Continue reading this entry

FMLA Eligible or Not Eligible … That Is the Question

The easiest part of handling a Family and Medical Leave Act (FMLA) situation is determining at the outset whether the employee is eligible for FMLA protections, right? Not so fast. Recent cases have added the seemingly simple eligibility determination to the rotisserie of FMLA issues on which employees may baste employers. An employee is eligible … Continue reading this entry

Isn’t Consistency Great?

Employer
There is probably no more hard and fast rule, or favorite word of human resource professionals, than “consistency.” And we love consistency, right? It allows you to say “no” to an employee who wants something outside of the norm. It gives you a guilt-free reason to evenly apply policies, even when the result may otherwise … Continue reading this entry

”Smoking Gun” Comments Serve as an Important Reminder of the ADA’s Protection Against Associational Discrimination

Most employers are well aware that the Americans with Disabilities Act(ADA) protects qualified individuals with disabilities against discrimination on the basis of disability and requires employers to provide reasonable accommodations to employees with disabilities, if those accommodations do not pose an undue hardship for the employer. However, a recent court decision reminds employers that even individuals … Continue reading this entry

Department of Labor Announces Expansion of FMLA Rights to Same-Sex Couples

The United States Department of Labor issued a groundbreaking rule change last week, granting couples in legal, same-sex marriages the same rights as those in opposite-sex marriages under the Family Medical Leave Act (FMLA). The FMLA, which was enacted in 1993, allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons, … Continue reading this entry